RES-8835 Acquisition of Real Property by Eminent DomainRESOLUTION NO. 8835
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF
CHAPMAN AVENUE AND THE CITY DRIVE FOR
PUBLIC USE AND AUTHORIZING AND
DIRECTING CONDEMNATION.
WHEREAS, the City of Orange ("City") proposes to acquire a fee interest and a
temporary construction easement in real property as described in the attached Exhibit "A"
for purposes of the widening and improvement of the intersection of Chapman Avenue and
The City Drive, pursuant to the authority granted to it by Sections 37350, 37350.5 and
37353(b) of the California Government Code, Section 4090 of the California Streets and
Highways Code, sections 1240.010 and 1240.110 of the California Code of Civil Procedure
and Article I, Section 19 of the California Constitution; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil
Procedure, the City scheduled a public hearing for October 28,1997, at 7:00 p.m. at the City
of Orange City Council Chambers located at 300 East Chapman Avenue, Orange,
California, and gave to each person whose property is to be acquired and whose name and
address appeared on the last equalized county assessment roll, notice and a reasonable
opportunity to appear at said hearing and be heard on the matters referred to in Section
1240.030 of the California Code of Civil Procedure; and
WHEREAS, the City Council for the City of Orange held a public hearing and each
person whose property is to be acquired by eminent domain was afforded an opportunity to
be heard on those matters specified in the City's notice of intention to conduct a hearing on
whether to adopt a Resolution of Necessity and referred to in Section 1240.030 of the
California Code of Civil Procedure; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section
1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I:
Compliance with California Code of Civil Procedure. There has been compliance
by the City with the requirements of Section 1245.235 of the California Code of Civil
Procedure regarding notice and hearing.
SECTION II:
Public Use. The public use for which the property is to be acquired is the widening
and improvement of the intersection of Chapman Avenue and the City Drive. Sections
37350,37350.3, and 37353(b) of the California Government Code and Section 4090 of the
California Streets and Highways Code and Sections 1235.190, 1240.010 and 1240.110 of
the California Code of Civil Procedure authorize the City to acquire by eminent domain
property necessary for such purposes.
SECTION III:
Necessity. The public interest and necessity require the acquisition by eminent
domain proceedings of a portion of the fee simple estate and easement interests in and title
to the real property described in Exhibit "A" which is attached hereto and incorporated
herein by this reference.
SECTION IV:
Description of Property. Attached and marked as Exhibit "A" are the legal
descriptions and plats of the real property to be acquired by the City, which describe the
location and extent of the property with sufficient detail for reasonable identification.
SECTION V:
Findings. The City hereby finds and determines each ofthe following:
a) The public interest and necessity require the proposed project;
b) The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury;
Reso. No. 8835 2 DAD:ajj
c) The real property described in Exhibit "A" is necessary for the proposed project;
and
d) An offer to purchase the property pursuant to Section 7267.2 of the California
Government Code was made.
SECTION VI:
Use Not Unreasonably Interfering With Existing Public Use(s). Some or all of
the real property to be acquired is subject to easements and rights-of-way
appropriated to existing public uses. The legal descriptions of these easements and rights of way are
on file with the City and describe the general location and extent of the easements and right
of way with sufficient detail for reasonable identification. In the event the herein described
use or uses will not unreasonably interfere with or impair the continuance of the public use
as it now exists or may reasonably be expected to exist in the future, counsel for the
City is authorized to acquire the real property subject to such existing public use(s)
pursuant to Section 1240.510 of the California Code of
Civil Procedure.
SECTION VII:More Necessary Public Use. Some or all of the real property to be
acquired is subject to easements and rights of way appropriated to existing public uses. To
the extent that the herein described use or uses will unreasonably interfere with or
impair the continuance of the public use as it now exists or may reasonably be expected to exist
in the future, the City finds and determines that the herein described use or uses
are more necessary than said existing public use. Counsel for the City is authorized to acquire
the real property appropriated to such existing public use(s) pursuant to Section 1240.610
of the California Code of
Civil Procedure.
SECTION VIII:Further Activities. The City Attorney or special counsel, as may be retained
by the City Attorney, is hereby authorized to acquire the hereinabove described real property
in the name of and on behalf of the City by eminent domain, and counsel is authorized
to institute and prosecute such legal proceedings as may be required in connection therewith.
The City Attorney is further authorized to take such steps as may be authorized and required
by law,and to make such security deposits as may be required by order of court, to permit
the City to take possession of and use said real property at the earliest possible time.
The City Attorney is further authorized to correct any errors in the resolution or to make or
agree to non-material changes in the legal descriptions of the real property that
are deemed necessary DAD:ajj 3
for the conduct of the condemnation action or other proceedings or transaction required to
acquire the subject real property. The City Attorney is further authorized to reduce the
extent of the interests or property to be acquired so as to reduce the compensation payable in
the action where such change would not substantially impair the construction and operation
of the project for which the real property is being acquired.
SECTION IX:
Effective Date. This Resolution shall take effect upon adoption.
ADOPTED this 28th day of October, 1997.
fi.-
cY ....
c, .ayor of
the City of Orange U ATTEST:flu,
MAAC?~
rJ- ~City Clerk
of the 6fy of Orange I hereby
certifY that the foregoing Resolution was duly and regularly adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 28th day of October, 1997,
by the following vote:AYES:NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS:
MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE l/dU'
UR City Clerk
ofth ity of Orange Reso. No.
8835 4 DAD:ajj
LEGAL DES\..atlP110N FOR PROPOSED STREET Rlunr.oF.WA Y
PROJECT: 1HE CI1Y DRIVE AT CHAPMAN AVENUE
AGENCY: CI1Y OF ORANGE DEPARTMENT OF PUBLIC WORKS
ASSESSOR'S PARCEL NOS.: 231-062-05
A 231-062-08 ~DAlE
PREPARED: MARCH 13,1997 ~PREPARED BY; STEPHEN M. HAGER,
L.S. 6161 OFC"\.\~lHAT PORTION OF PARCEL 1,IN 1HE CI1Y OF ORANGE, COUNTY
OF ORANGE, STAlE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 43 OF
PARCEL MAPS,IN 1HE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOlLOWS;BEGINNINGAT 1HE CENTERLINE IN'IERSECT10N OF CHAPMAN
AVENUE. 100 FEET WIDE,AND 1HE CI1Y DRIVE, 100 FEET WIDE, AS SHOWN ON SAID
PARCEL MAP; 1HENCE, SOUTH00040' 32" WEST 10.22 FEET ALONG 1HE CENTERLINE OF SAID
THE CI1Y DRIVE; lHENCE AT RIGHT ANGLES, SOUTH 19" 19' 21" EAST 50.00 FEET TO 1HE
WESTERLY LINE OF SAID PARCEL I, SAID POINT BEING DISTANT SOUTH 00040' 32' WEST 3.
33 FEET FROM THE MOST WESTERLY NORlHWEST CORNER OF SAID PARCEL I, SAID
POINT ALSO BEING THE TRUE POINT OF BEGINNING; lHENCE, SOUTH 000 40' 32" WEST 1060.
09 FEET ALONG THE WESTERLY LINE OF SAID PARCEL1 TO THE SOUlliERL Y LINE
OF SAID PARCEL1;lHENCE, SOUTH 19.019' 11" EAST 10.00 FEET ALONG THE
SOUlliERLY LINE OF SAID PARCEL 1 TO A LINE PARALLEL WIlH AND 10.00 FEET
EASTERLY OF 1HE \\'ESTERLY LINE OF SAID PARCEL I, AS MEASURED AT RIGHT ANGLES;
lHENCE, NORlH00040' 32"EAST 510.39FEET ALONG SAID PARA1l.EL LINE; 1HENCE, NORlH 000 55'
16" EAST 116.69 FEET TO A LINE PARALLEL WIlHAND 10.50 FEET EASTERLY OF
THE WESTERLY LINE OF SAID PARCEL I, AS MEASURED AT RIGHT ANGLES; 1HENCE, NORlH
000 40' 32" EAST 73.79 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING
OF A 'CURVE CONCAVE SOUlHEASTERL Y HAVING A RADIUS OF 48.00 FEET;
1HENCE, NOR1HEASTERL Y ALONG SAID CURVE 27.20 FEET THROUGH A CENTRAL ANGLE OF 320 27'
42" TO 1HE BEGINNING OF A REVERSE CURVE CONCAVE NORlHWESTERL Y HAVING A RADIUS OF
64.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 560 5
I' 46" EAST; 1HENCE,NOR1HEASTERL Y ALONGSAID REVERSE CURVE 36.26
FEET THROUGH A CENTRAL ANGLE OF 320 27' 42" TO A LINE PARALLEL WIlH AND 28.00
FEET EASTERLY OF 1HE WESTERLY LINE OF SAID PARCEL I, AS MEASURED AT
RIGHT ANGLES; 1HENCE, NORm 00040' 32" EAST 300.00 FEET ALONG SAID PARALLEL LINE TO
1HE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
27.00 FEET; 1HENCE,NOR1HEASTERL Y ALONG SAID CURVE 39.65 FEET THROUGH A
CENTRAL ANGLE OF 840 08' 19" TOA POINT OF CUSP WIlH A CURVE CONCAVE
NOR1HERLY HAVING A RADIUS OF 1460.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
050 II' 09" EAST;1HENCE, WESTERLYALONG SAID CURVE 1.88 FEET THROUGH A
CENTRAL ANGLE OF 000 20' SS" TO lHE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 27.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORlH 040 50' 14"WEST; lHENCE, SOUlHWESTERL Y ALONG SAID REVERSE CURVE 39.
81 FEET THROUGH A CEN'ffiAL ANGLE OF 840 29' 14" TO A NON-TANGENT
UNE, A RADIAL LINE THROUGH SAID POINT BEARS NORlH 19" 19' 28" WEST; 1HENCE, NORlH 89019'
28" WEST 19.00 FEET TO
lHE TRUE POINT OF BEGINNING ALL AS SHOWN ON lHEAlTACHED EXHIBIT "A" AND BY
nDS
REFERENCE MADE A PART HEREOF.AREA OF PROPOSED DEDICATIONCONTAINS APPROXIMATELY Ui,IS8 S.
F. OR 0.
387 AC.
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64.00'32'27'42'
48.00'LEHGTH 31.65'
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t.
CORNER
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UNIVERSITY r:K CAUf"ORNIA, A CONSTllVTlONAI. CORPORATION DRAWN.
m.-DATE 3-13-17 CHEOCEDSMH DATE 3-1H7 RECORDING DATE
s.P. No.231-062-05 D N 231-062-
08 nor, 0. _
3158
P..... No.BOOK
62 PAGE
40-42 BOOK _
PAGE FIlL 6:\D\
MAJ6tl.U\lSlI7\
ESlI73"C S-1J-Il 10:46:09 11m
LEGAL DESCRIPllON FOR PROPOSED lEMPORARY CONSlRUCTION EASEMENT ~\) \AND
PROJECT: TIlE CITY DRIVE AT CHAPMAN AVENUE /f
AGENCY: CITY OF ORANGE DEPARTMENT OF PUBLIC WORKS ~
ASSESSOR'S PARCEL NOS.: 231-062-
05 .&; 231-062-08 DA'
lEPREPARED: MARCH 13,1997 REPARED BY: STEPHEN M.
HAGER, L.S. 6161 UiA TPORnON OF PARCEL I,IN TIlE CITY OF ORANGE,
COUNlY OF ORANGE, STA CALIfORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE
43 OF PARCEL MAPS,OmCE OF 1HE COUNlY RECORDER OF SAID
COUNlY DESCRIBED AS FOLLOWS:BEGINNING AT 1HE CENTERLINE INlERSEC110N OF CHAPMAN
AVENUE, 100 FEET WIDE,AND TIlE CITY DRIVE, 100 FEET WIDE, AS SHOWN ON SAID
PARCEL MAP: 11fENCE, soum 00" 40' 32" WEST 80.22 FEET ALONG TIlE CENTERLINE OF SAID TIlE
CITY DRIVE; 11fENCE AT RlGHT ANGLES, scum 89" 19' 28" EAST 50.00 FEET TO TIlE WES1ERL
Y LINE OF SAID PARCEL I, SAID POINT BEING DISTANT soum 00' 40' 32' WEST 3.33
FEET FROM TIlE MOST WES1ERL Y NORTHWEST CORNER OF SAID PARCEL I; 11fENCE, scum
00" 40' 32" WEST 1060.09 FEET ALONG TIlE WES1ERL Y LINE OF SAID PARCEL I; 11fENCE,
scum 19' 19' 18"EAST 10.00 FEET ALONG TIlE SOUlHERL Y LINE OF SAID PARCEL I
TO A LINE PARALLEL WIlH AND 10.00 FEET EASTERLY OF ntE WES1ERL Y LINE OF SAID
PARCEL I, AS MEASURED AT RlGHT ANGLES, SAID POINT BEING TIlE lRUEPOINT OF BEGINNING; '
I'HENCE, NORlH 00'40' 32" EAST 510.39 FEET ALONGSAID PARALLEL. LINE; 'I'HENCE, NORlH
00' 55' 16" EAST 116.69 FEET TO A LINEPARALLEL WIlH AND 10.50 FEET EASTERLY OF
TIlE WES1ERL Y LINE OF SAID PARCEL I, AS MEASURED AT RlGHT ANGLES; 11fENCE, NORlH 00' 40'
32" EAST 73.79 FEET ALONG SAID PARALLEL LINE TO ntE BEGINNING
OF A CURVE CONCAVE SOU11iEASTERL Y HAVING A RADIUS OF 48.00 FEET; 'I'HENCE,
NORlHEASTERL YALONG SAID CURVE 27.20 FEET lHROUGH A CENTRAL ANGLE OF 32' 27' 42" TO
THE BEGINNING OF A REVERSECURVE CONCA VE NORlHWES'lERL Y HAVING A RADIUS OF 64.
00 FEET, A RADIAL LINE lHROUGH SAID POINT BEARS soum 56' 51' 46"
EAST; lHENCE, NORlHEASTERL Y ALONGSAID REVERSE CURVE 36.26 FEET lHROUGH A CENTRAL ANGLE OF 32'
27' 42" TO A LINE PARALLEL WIlH AND 28.00 FEET EASTERLY OF THE WESTERLY
LINE OF SAID PARCEL I, AS MEASURED AT RlGHT ANGLES; lHENCE, NORlH 00' 40' 32" EAST
300.00 FEET ALONG SAID PARAllEL LINE TO lHE BEGINNING OF ACURVE CONCA VE
SOU11iEAS'lERL Y HAVING A RADIUS OF 27.00 FEET: lHENCE, NORTHEASTERLY ALONG SAID
CURVE 24.02 FEET lHROUGH A CENTRAL ANGLE OF 50' 58' 38" TO A
NON-TANGENT LINE, PARALLEL. WIlHAND 38.00 FEET EAS'lERL Y OF ntE WESTERLY LINE OF SAID
PARCEL I, AS MEASURED AT RlGHT ANGLES, A RADIAL LINE lHROUGH SAID POINT BEARS
NORlH 38' 20' 50" WEST;lHENCE, soum 00' 40' 32" WEST 320.98 FEET ALONG SAID
PARALLEL LINE; 'I'HENCE, SOUTH 16' 54' 23" WEST 62.61 FEET TO ALINE PARALLEL WIlH AND 20.
50 FEET EASTERLY OF lHE WESTERLY LINE OF SAID PARCEL I, AS MEASURED AT RlGHT
ANGLES; 'I'HENCE SOUTH00'40' 32" WEST 67.14 FEET ALONG SAID PARALLEL LINE; lHENCE, soum
44019' 28" EAST 33.33 FEET TO A LINE PARALLEL WIlH AND 44.07 FEET EASlERL Y
OF THE WESTERLY LINE OF SAID PARCEL I, AS MEASURED AT RlGHT ANGLES; lHENCE soum 00"
40' 32" WEST 20.07 FEET ALONG SAID PARALLEL LINE; lHENCE AT RlGHT ANGLES,
NORlH 89' 19' 28" WEST 23.13 FEET; THENCE, soumooo 55' 16" WEST 79.69 FEET;
lHENCE, NORlH 89019' 28" WEST 5.00 FEET TO A LINE PARALLEL WIlH AND 15.00 FEET EASlERL Y
OF THE WESTERLY LINE ()F SAID PARCEL I, AS MEASURED AT RlGHT ANGLES; 'I'HENCE, soum 00'
40' 32" WEST 510.39 FEET ALONG SAID PARALLEL LINE TO lHE soumERL Y LINE
OF SAID PARCEL I; ntENCE,NORlH 89' 19' 18" WEST 5.00 FEET TO
THE lRUE POINT OF BEGINNING.ALL AS SHOWN ON THE ATTACHED EXHIBIT "A" AND BY
lHIS
REfERENCE MADE A PART HEREOF.AREA OF PROPOSED EASEMENT CONTAINS API'ROXIMA TEL Y 8,931 S.
F. OR 0.205 AC.
I CITY Of Ot-<ANlil:.
DEPARTNENT OF' PUBUC WORKS
ORANGE COUNTY, CAlEORHlAPAl.
CHJ.PMJ.N J.VENUE
EXHIBIT "Au M89'
26'4S'W564.1"I("~II
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SEt DErAIL HEREON PARCEL 1
MUREI!\IBYc.q1RANSJ fU1\
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PARCn.
l, P:: ~/43 185.46'
WORK D!
SalIPllOH lDlPORARY CONS1R JC1lOH EASEMENT LOCAlION s.
E. CClRNDl THE OTY IlRNE I: OlAPWAN A\'tNUE JES1INC RECEN'
tS OF' UNIVERSITY OF' CAUF"ORNIA, A CONSTlTlJlIONAl CORPORA liON llRAWNJ!LDATE
3-1H7 0lE0<ED~ DATE 3-13-17 RECORDING
DATE
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23.73'
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33.33'
67.14'
12.61'
50.00'
73.7ll'
5.00'
10.00'
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P. No.231-(
l62-0S
231-062-08
ip,
No..
JI58 BOOK P.
II. No.
62 PAGE~BOOK_
PACE F1IL C:\D\Q11A96O.U\~lSlmD J-/l-Jl 1: